No. V. 5 & 6 W. 4, c. 76. veral boroughs named in the first section of the said Schedules (A.) and (B) for the purposes of this act shall be the same as the limits thereof respectively settled and described in an act passed in the second hand third year of the reign of his present Majesty, intituled An Act to ettle and describe the Divisions of Counties and the Limits of Cities and Boroughs in England and Wales, so far as respects the Election of Members to serve in Parliament; and the metes and bounds of the several boroughs Boundaries of tamed in the second section of the said schedules for the purposes other boroughs this act shall be and remain as the same are now taken to be until to remain until ach time as parliament shall otherwise direct: Provided nevertheless, altered by parthat notwithstanding any thing herein contained no parish or place, or liament. of any parish or place, which is detached from the main part of eh borough or county of a city or town corporate, shall after the bessing of this act be included within any such borough or county; and, bject to this provision, the metes and bounds of every such borough and county shall include the whole of the liberties of such borough or County by land and by water as the same now are or are taken to be. case Parts cut off VIII. That every place and precinct which shall be included within Every place the metes and bounds of any borough as herein-before provided, and none included within other, shall be part of such borough, and in those boroughs which are the bounds of a Counties of themselves shall be part of such county and of none other; borough to be and in every case in which the metes and bounds of any borough or county part of such under the provisions of this act shall not include any place or precinct borough. which before the passing of this act was part of such borough or county, from the bosuch place or precinct shall thenceforward be taken to be part of the rough to be de anty wherein such place or precinct is situated, or with which clared part of has the longest common boundary: Provided nevertheless, that adjoining any such place or precinct shall have been liable before the passing county. of this act to contribute to any rate made for the purpose of satisfring any lawful debt to which the rate-payers of such borough or county were liable to contribute before the passing of this act, and in any difference shall arise concerning the proportion of such debt sought therefore to be paid and contributed in respect of such place of precinct, it shall be lawful for the senior justice of assize for the County of which such place or precinct shall thenceforward be taken be part, on his circuit, on the application of the council of such borough, or of the chairman of a public meeting of the rate-payers of uch place or precinct, to appoint, by writing under his hand, a barrister not having any interest in the question to arbitrate between the parties, and by his award, under his hand and seal to assess the proportion, if any, of such debt as ought therefore to be paid and contributed in respect of such place or precinct; and such arbitrator shall also assess the costs of the arbitration, and shall direct by whom and in what proportion, and out of what fund, the same shall be paid; and such rate as aforesaid shall continue to be levied by warrant of the council of such borough, and paid by such place or precinct, as if this act had not passed, until such proportion shall have been fully paid and satisfied to the treasurer of the borough, and no longer: Provided nevertheless, that every county gaol, house of correction, or lunatic asylum, court of justice, or judge's lodging, which at the time of the passing of this act is taken to be for any purpose within any county shall still, for all such purposes, be taken to be within such county, any thing herein contained to the contrary notwithstanding. the two relief of the IX. That every male person of full age who on the last day of August Occupiers of in any year shall have occupied any house, warehouse, counting-house, houses and or shop within any borough during that year and the whole of each of shops rated for preceding years, and also during the time of such occupation 3 years to the shall have been an inhabitant householder within the said borough, or within seven miles of the said borough, shall, if duly enrolled in that poor, entitled year according to the provisions herein-after contained, be a burgess of if resident such borough and member of the body corporate of the mayor, alder- householders, men, and burgesses of such borough: Provided always, that no such within seven to be burgesses, miles. No. V. 5 & 6 W. 4, c. 76. person shall be so enrolled in any year, unless he shall have been rated in respect of such premises so occupied by him within the borough to all rates made for the relief of the poor of the parish wherein such premises are situated during the time of his occupation as aforesaid, and unless he shall have paid on or before the last day of August as aforesaid all such rates, including therein all borough rates, if any, directed to be paid under the provisions of this act, as shall have become payable by him in respect of the said premises, except such as shall become payable within six calendar months next before the said last day of August: Provided also, that the premises in respect of the occupation of which any person shall have been so rated need not be the same premises or in the same parish, but may be different premises in the Aliens and per- same parish or in different parishes: Provided also, that no person sons who have being an alien shall be so enrolled in any year, and that no person shall received paro- be so enrolled in any year who within twelve calendar months next chial relief not before the said last day of August shall have received parochial relief or to be enrolled. other alms, or any pension or charitable allowance from any fund intrusted to the charitable trustees of such borough herein-after mentioned: Provided that in every case provided in this act the distance of seven miles shall be computed by the nearest public road or way by land or water. Medical assistance or in struction in endowed schools not to be a cause of disqualification. Occupiers may claim to be rated. X. That no medical or surgical assistance given by the charitable trustees of any borough shall be taken to be such charitable allowance as shall disqualify any person from being enrolled a burgess as aforesaid; nor shall any person be so disqualified by reason that any child of such person shall have been admitted and taught within any public or endowed school. XI. That in every borough it shall be lawful for any person occupying any house, warehouse, counting-house, or shop to claim to be rated to the relief of the poor in respect of such premises, whether the landlord shall or shall not be liable to be rated to the relief of the poor in respect thereof; and upon such occupier so claiming, and actually paying or tendering the full amount of the last made rate then payable in respect of such premises, the overseers of the parish in which such • premises are situate are hereby required to put the name of such occupier upon the rate for the time being; and in case such overseer shall neglect or refuse so to do such occupier shall nevertheless, for the purposes of this act, be deemed to have been rated to the relief of the poor in respect of such premises from the period at which the rate shall have been made in respect of which he shall have so claimed to be rated as aforesaid: Provided always, that where by virtue of any act of parliament the landlord shall be liable to the payment of the rate for the relief of the poor in respect of any premises occupied by his tenant, nothing herein contained shall be deemed to vary or discharge the liability of such landlord, but in case the tenant who shall have been rated for such premises in consequence of any such claim as aforesaid shall make default in the payment of the poor's rate payable in respect thereof such landlord shall be and remain liable for the payment thereof in the same manner as if he alone had been rated in respect of the premises so occupied by his tenant. In case of titles by descent, &c. how the occupation is to be reckoned. XII. That where any house, warehouse, counting-house, or shop in any borough shall come to any person by descent, marriage, marriage settlement, devise, or promotion to any benefice or office, such person shall be entitled to reckon the occupancy and rating, in respect of the occupancy thereof by the person from or by whom such house, warehouse, counting-house, or shop shall have so come to him, as his own occupancy and rating conjointly with the time during which he shall have since occupied and been rated for the same, and shall be entitled to be enrolled a burgess in respect of such successive occupancy and rating, provided he shall be otherwise qualified as herein provided. No new Bur- XIII. That after the passing of this act no person shall be enrolled a gesses to be admitted who are not qualified under this act. burgess of any borough, for the purpose of enjoying the rights conferred No. V. wh for the first time by this act, in respect of any title other than by occu- 5 & 6 W. 4, pancy and payment of rates within such borough, according to the meaning and provisions of this act. c. 76. XIV. And whereas in divers cities, towns, and boroughs a certain Exclusive Erastom hath prevailed, and certain bye-laws have been made, that no rights of trading person, not being free of a city, town, or borough, or of certain guilds, abolished. mysteries, or trading companies within the same, or some or one of Chem, shall keep any shop or place for putting to show or sale any or Certain wares or merchandize by way of retail or otherwise, or use any r certain trades, occupations, mysteries, or handicrafts for hire, gain, sale within the same; be it enacted, That, notwithstanding any such astom or bye-law, every person in any borough may keep any shop for the sale of all lawful wares and merchandizes by wholesale or retail, and use every lawful trade, occupation, mystery, and handicraft, for hire, hrain, sale, or otherwise, within any borough. 18 XV. That on the fifth day of September (1) in every year the overseers Overseers to of the poor of every parish wholly or in part within any borough shall make lists of make out an alphabetical list, to be called "The Burgess List," accord- all persons ing to the form number 1, in the schedule (D.) to this act annexed, of entitled to be persons who shall be entitled to be enrolled in the Burgess Roll of burgesses in that year, according to the provisions of this act, in respect of property their respective within such parish; and the overseers shall sign such burgess lists, and parishes. shall deliver the same to the town clerk of the borough on the said fifth day of September in every year, and shall keep a true copy of such sts, to be perused by any person, without payment of any fee, at all. asonable hours between the fifth (3) and fifteenth days of September every year; and the town clerk shall forthwith cause copies to be printed of all overseers' lists delivered to him, and shall deliver a copy of all such lists to any person requiring the same, on payment of a reasonable price for each copy, and shall cause a copy of all such lists to be fixed on or near the outer door of the town hall, or in some public and conspicuous situation within the borough, on every day during the week next preceding the fifteenth day of September in every year. XVI. Provided always, That in any borough in which there shall be As to boroughs 39 town clerk, or in which the town clerk shall be dead or incapable of in which there ating, all matters by this act required to be done by and with regard to is no town the town clerk shall be done by and with regard to the person executing clerk. duties in such borough similar to those of town clerk, and if there be no such person, or if such person shall be dead or incapable of acting, then by and with regard to such fit person as the mayor of such borough hall appoint in that behalf: Provided always, that every precinct or As to precincts, place, whether extra-parochial or otherwise, which shall have no over- &c. where seers, shall, for the purpose of making out such lists as aforesaid, be there are no deemed within the parish adjoining thereto, such parish being wholly overseers. in part situate within the same borough as such precinct or place, and if such precinct or place shall adjoin two or more parishes so situate as aforesaid it shall be deemed to be within the least populous of such arishes according to the last census for the time being; and the overers of the poor of every such parish shall insert in the list for their arish the names of all persons who would have been entitled to be inserted in the lists of such precinct or place if such precinct or place had had overseers or been rated to the maintenance of the poor. XVII. That every person whose name shall have been omitted in any Persons sach burgess list and who shall claim to have his name inserted therein, omitted from hall, on or before the fifteenth day of September in every year, give the overseers' lists to give notice to the town clerk. (1) By an order in council issued under the authority given to his Majesty by s. 140, this day is the present year (1835) altered to the 7th of November. (2) This year between the 7th and the 17th of November. (3) See the above note. No. V. 5 & 6 W. 4, c. 76. Notices as to persons not entitled to be retained in the lists. Lists of claimants and of persons objected to, to be published, &c. Mayor and assessors to revise lists, and, upon due proof, to insert and expunge names. notice thereof to the town clerk in writing, according to the form number 2, in the said Schedule (D.), or to the like effect; and every person whose name shall have been inserted in any burgess list for any borough may object to any other person as not being entitled to have his name retained in the burgess list for the same borough, and every person so objecting shall, on or before the fifteenth day of September in every year, give to the town clerk of such borough, and also give to the person objected to, or leave at the premises for which he shall appear to be rated in the burgess list, notice thereof in writing according to the form number 3, in the said Schedule (D.) or to the like effect; and every town clerk shall include the names of all persons so claiming to be inserted on the burgess list in a list according to the form number 8, in the said Schedule (D.), and shall include the names of all persons so objected to as not entitled to be retained on the burgess list in a list according to the form number 5, in the said Schedule (D.), and shall cause copies of such several lists to be fixed on or near the outer doort: of the town hall or in some public and conspicuous situation withinte such borough during the eight days next preceding the first day of October in every year; and the town clerk shall likewise keep a copy of the names of all persons so claiming as aforesaid, and also a copy of the names of all persons so objected to as aforesaid, to be perused by any person, without payment of any fee, at all reasonable hours during the eight days, Sunday excepted, next preceding the first day of October in every year, and shall deliver a copy of each of such lists to any person requiring the same, on payment of a sum not exceeding one shilling for each copy. XVIII. That the mayor and the two assessors herein-after mentioned, to be chosen in every year by the burgesses of every borough, shall hold an open court within such borough, for the purpose of revising the said burgess lists at some time between the first day (1) of October inclusive and the fifteenth day of October inclusive in the year one thousand eight hundred and thirty-six, and every succeeding year, having first given three clear days' notice of the holding of such court, to be fixed on or near the outer door of the town hall or in some public and conspicuous situation within the borough; and the town clerk of every such borough shall, at the opening of the court, produce the said lists, and a copy of the lists of the persons claiming and of the persons objected to, so made out as aforesaid; and the overseers, vestry clerks, and collectors of poor's rates of every parish wholly or in part within every such borough shall attend the court, and shall answer upon oath all such questions as the court may put to them or any of them touching any matter necessary for revising the burgess lists; and the mayor shall insert in such lists the name of every person who shall be proved, to the satisfaction of the court, to be entitled to be inserted therein, according to the provisions of this act, and shall retain on the said list the names of all persons to whom no objection shall have been duly made, and shall also retain on the said lists the name of every person who shall have been objected to by any person, unless the party so objecting shall appear by himself or by some one on his behalf in support of such objection; and where the name of any person inserted in any one of the said lists shall have been duly objected to, and the person objecting shall appear by himself or by some one on his behalf in support of such objection, the court shall require proof of the qualification of the person so objected to; and in case the qualification of such person shall not be proved to the satisfaction of the court the mayor shall expunge the name of every such person from the said lists, and he shall also expunge from the said lists the name of every person who shall be proved to the court to be dead, and shall correct any mistake or supply any omission which shall be proved to the court to have been made in any of the said lists in respect of the name or place of abode of any person who shall be included in (1) In this year (1835) the revision is to be between the 1st and 15th of December. I. 1- ny such list, or in respect of the local description of his property : No. V. b Provided always, that no person's name shall be inserted by the mayor 5 & 6 W. 4, не any such list, or shall be expunged therefrom, except in the case of ath, unless notice shall have been given as is herein-before required each of the said cases. c. 76. XIX. That every mayor holding any court under this act for the Power to ision of the said lists shall have power to adjourn the same from mayor, &c. of e to time, so that no such adjourned court shall be held after the adjourning, of teenth day of October in any year, and shall have power to require administering Overseer, or person having the custody of any book containing any oaths, &c. e made for the relief of the poor during that or any preceding year, any parish wholly or in part within the borough, to produce the same allow the same to be inspected at any court to be held for revision the burgess lists, and shall have power to administer an oath to the clerk and to the overseers, and to all persons claiming to be serted in or making objection to the omission or insertion of any me in any of the said lists, and to all persons objected to in any of sch lists, and to all persons claiming to have any mistake in any of ch lists corrected, and to all witnesses who may be tendered or mined on either side; and the mayor and assessors shall, upon the aring in open court, determine upon the validity of such claims and jections, and the mayor shall, in open court, write his initials against e names respectively struck out or inserted, and against any part of said lists in which any mistakes shall have been corrected, and all sign his name to every page of the several lists so settled. IX. That the senior judge, or in case of his absence from the king- Barristers to the next judge, in the commission of assize for the summer circuit be appointed this year for every county, shall, before the last day of September in to revise lists in year, appoint so many barristers as the said judge shall deem ne- the first year. an one sary to revise the lists of burgesses of every borough in or adjoining D Mayor shall sign the lists in open court. |